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Hockey

Flames prospect files lawsuit

Calgary Flames prospect Michael Ferland leaves Calgary Court Centre after being charged with one count each of assault and aggravated assault stemming from a July 29 melee outside a bar in Cochrane in Calgary, Alta. on Monday June 9, 2014. Darren Makowichuk/Calgary Sun/QMI Agency

Ferland has filed a $90,000 counterclaim against the man he was acquitted of assaulting outside a Cochrane saloon two years ago.

In documents filed at Calgary Court of Queen’s Bench, Ferland says that not only is he not liable for the injuries suffered by Jayson Eyma, but is the victim of malicious prosecution.

A lawyer for Eyma filed a statement of claim June 9, the same day the plaintiff took the stand in Ferland’s jury trial, seeking damages of $250,000 for injuries he suffered in a July 29, 2012 incident.

According to his claim, Eyma suffered a fractured left orbital bone and a “mild traumatic brain injury.”

But in his defence and counterclaim, filed by his trial lawyer, Michael Bates, Ferland says it is he who was wronged.

In the court documents, as he did on the witness stand, Ferland says he was acting in self-defence after Eyma attacked him outside the Stageline Saloon.

“After Ferland exited the saloon he was assaulted and punched in the face by Eyma whose assault and battery of Ferland was completely unprovoked, without warning and without any lawful justification,” they state.

“Eyma did not seek or obtain Ferland’s agreement to engage in a consensual fight and at no time did Ferland provide any consent to the application of force against him.”

It says Ferland then replied by defending himself, his aunt and his girlfriend who were with him, by punching Eyma.

The counterclaim alleges that following the incident, and learning Ferland was a professional hockey player in the Flames’ organization, Eyma decided to pursue charges against the NHL prospect in order to get money.

“By his actions, statements and conduct subsequent to the assault, Eyma manipulated the criminal justice system for this improper and malicious purpose,” the counterclaim says.

It notes Eyma’s initial reaction to the RCMP investigation was that he did not want charges pursued “as he was not completely innocent in the altercation.”

But it suggests Eyma was subsequently the driving force into criminal accusations against Ferland of aggravated assault and assault.

Jurors acquitted the minor league hockey player on June 17, finding his claim of self-defence raised a reasonable doubt.

Allegations in all the court documents have not yet been proven in court.